Wyoming Religious Freedom Restoration Act (HB 83)

HB 83 would prohibit the government, “including action by anyone acting under state law,” from burdening a person’s right the exercise of religion or moral conscience, even if the burden results from a rule of general applicability.

Government may substantially burden a person’s exercise of religion or moral conscience only if it demonstrates that application of the burden is essential to further a compelling government interest; and the least restrictive means of furthering that compelling governmental interest.

The bill defines exercise of religion to mean “the practice or observance of religion, including an act or refusal to act, that is substantially motivated by a sincerely held religious belief, whether or not compelled by or central to a system of religious belief.”

The bill defines moral conscience to mean “an individual exercise of judgment whereby the person recognizes the moral or ethical quality of an act and is compelled to:

• Perform the act because it is an act of good will or good faith; or
• Avoid performing the act because the person believes the act to be evil or wrong.”

The bill would not allow government employees or officials to refuse to perform any of the duties or responsibilities which are required of that person’s position or office, regardless of the person’s religious or moral objections.

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